Ricks v. Aaron et al, No. 2:2015cv00070 - Document 65 (N.D. Ala. 2016)

Court Description: MEMORANDUM OPINION AND ORDER; the Magistrate Judge's 64 REPORT AND RECOMMENDATION is adopted and accepted; it is ordered that defendants 37 MOTION for Summary Judgment is granted as more fully set out in order; it is further ordered tha t defendants Michael Weirich, Cedrick Specks, Cheryl Price, Jeffery Baldwin, Deaundra L. Johnson, John Arthur, Patricia McGrue, Cathy Ford and Corizon, LLC are dismissed with prejudice from this action; the remaining excessive force/failure to interv ene claims and corresponding state assault and battery claims against defendants Samuel Aaron, Rickey Cunningham, Thaddeus Smith, and Cameron Jones are referred to the magistrate judge for further proceedings. Signed by Judge C Lynwood Smith, Jr on 10/17/16. (SPT )
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Ricks v. Aaron et al Doc. 65 FILED 2016 Oct-17 PM 03:21 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DEMONSIA RICKS, Plaintiff, vs. SAMUEL AARON, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 2:15-cv-0070-CLS-JEO MEMORANDUM OPINION AND ORDER The magistrate judge filed a report on September 20, 2016, recommending that the motions for summary judgment on behalf of defendants be GRANTED, except as to the excessive force/failure to intervene claims, and corresponding state assault and battery claims, against defendants Samuel Aaron, Rickey Cunningham, Thaddeus Smith, and Cameron Jones. It was further recommended that defendants Michael Weirich, Cedrick Specks, Cheryl Price, Jeffery Baldwin, Deaundra L. Johnson, John Arthur, Patricia McGrue, Cathy Ford, and Corizon, LLC be dismissed with prejudice from this action, and that the excessive force/failure to intervene claims, and corresponding state assault and battery claims, against defendants Samuel Aaron, Rickey Cunningham, Thaddeus Smith, and Cameron Jones be referred to the magistrate judge for further proceedings. Although the parties were advised of their right to file specific written objections within fourteen days, no objections have been Dockets.Justia.com received by the court. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge’s report is hereby ADOPTED, and his recommendation is ACCEPTED. Accordingly, it is ORDERED that defendants’ motions for summary judgment1 are GRANTED, except as to the excessive force/failure to intervene claims, and corresponding state assault and battery claims, against defendants Samuel Aaron, Rickey Cunningham, Thaddeus Smith, and Cameron Jones. It is further ORDERED that defendants Michael Weirich, Cedrick Specks, Cheryl Price, Jeffery Baldwin, Deaundra L. Johnson, John Arthur, Patricia McGrue, Cathy Ford, and Corizon, LLC are DISMISSED WITH PREJUDICE from this action. The remaining excessive force/failure to intervene claims, and corresponding state assault and battery claims, against defendants Samuel Aaron, Rickey Cunningham, Thaddeus Smith, and Cameron Jones are REFERRED to the magistrate judge for further proceedings. DONE and ORDERED this 17th day of October, 2016. ______________________________ United States District Judge 1 Doc. nos. 37 and 54. 2 3